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This enactment provides for a five-year phased-in transition period
towards a prohibition of tobacco sponsorship promotions. The existing
section 24 will continue to apply in limited circumstances during the
transition period.
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Clause 1: Section 24 reads as follows:
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24. (1) Subject to the regulations and subsections (2) and (3), a
person may display a tobacco product-related brand element in a
promotion that is used in the sponsorship of a person, entity, event,
activity or permanent facility if the person, entity, event, activity or
facility
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(a) is associated with young persons or could be construed on
reasonable grounds to be appealing to young persons or if young
persons are its primary beneficiaries; or
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(b) is associated with a way of life such as one that includes glamour,
recreation, excitement, vitality, risk or daring.
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(2) A person may display a tobacco product-related brand element
only within the bottom ten per cent of the display surface of any
promotional material.
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(3) A person may use promotional material that conforms with
subsection (2) and that displays tobacco product-related brand elements
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(a) in a publication that is provided by mail and addressed to an adult
who is identified by name;
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(b) in a publication that has an adult readership of not less than
eighty-five per cent;
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(c) in signs or programs available on the site of the event, activity or
permanent facility; or
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(d) in signs in a place where young persons are not permitted by law.
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(4) Where the criteria described in paragraphs (1)(a) and (b) do not
apply to a sponsorship, a person may, subject to the regulations, use a
tobacco product-related brand element in the promotion of the
sponsorship.
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Clause 2: Section 25 reads as follows:
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25. If a tobacco product-related brand element is part of the name of
a permanent facility, the tobacco product-related brand element may
appear on the facility in accordance with the regulations.
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Clause 3: The relevant portion of section 33 reads as
follows:
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33. The Governor in Council may make regulations
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(c) respecting the use of tobacco product-related brand elements for
the purposes of subsection 24(4);
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(d) prescribing the manner in which a tobacco product-related brand
element may appear on a permanent facility;
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Clause 4: New.
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